The lawyer as legal counsel for the government role

Hunan Tianrun human law firm    Zou Xinjun lawyer

Along with our country socialist legal system construction in depth, a lawyer acting as legal counsel is a more common phenomenon, lawyers hired as legal advisors in all levels of government, in providing legal advice to the government, to assist the government administration according to law, drafting normative documents and proof, non litigation legal affairs feasibility studies, government petitions and prevention mediation plays a great role. The lawyerFrom the2005To counsel has served as the Tianxin District Civil Affairs Bureau, Planning Bureau and the Bureau of letters and calls. At the same time has Tianxin District, Tianxin District government armed forces, Tianxin District, Tianxin District Labor Bureau, bureau of culture, Tianxin District Land Bureau, the Bureau of justice, Tianxin District, Tianxin District, Tianxin District Urban Management Bureau organs Logistics Service Center, Tianxin District Technology Bureau, Green Park neighborhood offices and other state administrative organs for nearly 100 civil litigation, administrative litigation and non litigation legal affairs of nearly a thousand pieces, obtain good social benefit.We have demonstrated the role of government lawyers as legal counsel:　 

Significance of government, lawyers as legal adviser

1Government legal advisers, lawyers, government decision-making staff according to law.

   Lawyers have legal professional knowledge, skilled in dealing with the litigation and non litigation work ability, wide social connections. Government Counsel to use their wisdom, through participation in local government policy formulation and provide constructive and practical legal advice and recommendations, etc., have become senior staff decision-making, government authorities in accordance with the law and democratic decision-making, scientific decision-making.

2Government legal advisers, lawyers, is a government ruling security.

Lawyers involved in the administration of government, with its legal minds fully its validity checks, to ensure that the administrative behavior of the government in the framework of laws and regulations in the. The specific administrative acts of the government is the legal act in a highly stylized, on the government on administrative punishment, administrative punishment procedures, penalties and punishment document legal language, get legal advice counsel. In the implementation of administrative licensing by the law on administrative licensing procedures, licensing contents, evaluation of the legal risks of approval or disapproval, maximize the prevention of illegal administrative measures, so as to effectively control the administrative lawsuit case occurrence, guarantee the win rate of administrative cases. Avoid resistance and negative social effects caused by improper specific administrative acts. Tianxin District Civil Affairs Bureau, Planning Bureau and the Bureau of letters and calls during the lawyers to apply its legal counsel has not occurred in administrative litigation, the Tianxin District People's government, the Ministry of land and resources administration, Tianxin District, Tianxin District Justice Bureau six administrative lawsuits, also have all been successful. The lawyer from the administrative tribunal Tianxin District People's court and Changsha City Intermediate People's court to understand: in Tianxin District People's government or the Tianxin District government departments as administrative lawsuit defendant, significantly lower than the other counties, and this district administrative departments at all levels of a positive long-term adhere to administration according to law not divided.

3Government legal advisers, lawyers, a promoter of a harmonious society.

Any government can not completely avoid the decision affected part of the interests of the masses. With the development of Legal Popularization and the awareness of civil rights, especially the "property law" and "labor contract law" promulgated and implemented, the people in front of the public power of government departments have already no longer silent, media, network, petition, litigation has become an effective way to safeguard their own rights and interests with the masses of the people. The author through the years for the government to act as legal advisers, provides legal services to the government departments, most disputes are because the information is not public, lack of effective communication, as well as caused by improper words. A lawyer is a resolve social contradictions, to resolve disputes with occupation, all levels of society have extensive contact, of the social contradictions of the causes, consequences, and resolve the contradiction skills are obtained in practice considerable experience. This determines the conflict between lawyers appeal to all levels of society, interests of different social main body has a more profound understanding, plus, the lawyer has a relatively sharp social insight and rigorous argument ability, easy to persuade through reasoning, all of these will contribute to the lawyers in government decision-making more democratic,, more legitimate, more in line with the demands of each class are proposed according to the law, so that the broad masses of the people is not easy to produce resistance, so as to achieve a harmonious society.

Two, the lawyer as legal counsel for the government focus

1Petition, participation, to assist the government in preventing and resolving conflicts and disputes.

Government as an administrative body, with the maintenance of social stability, the function of mediation of social contradictions. In recent years, the economic increase in the number of civil cases around the court, the government in order to effectively resolve the contradictions among the people, began a nationwide three tone (the people's mediation, judicial mediation and administrative mediation) linkage mechanism, effectively solved a large number of social contradictions. But there are still many unexpected events, group events, as well as the complaint letter and visits to solve, become the difficult work of the government at all levels, government counsel from a legal point of view of professional government, guide the people to express wishes and aspirations of their own through the legal way, prevent the occurrence of extreme events.

2, to assist the land acquisition demolition, to safeguard and to resolve livelihood issues.

Land requisition, demolition is always a difficult problem in the work of the government. "Property law" after the introduction, people's legal consciousness is stronger, the government needs to deal with many legal problems in the land acquisition, demolition, especially to strictly abide by the legal procedure, legal procedure slightly vacancy, will become the street as the reason and basis to resist demolition. In order to solve the above problems, we need government departments at all levels to strictly according to law, more requirements for legal counsel should not only provide legal advice and legal support to the interests of the people as the land requisition, demolition of the subject from the angle of the government point of view, not only from the demolition of the global provide legal opinions, but also from the signing and implementation of land acquisition and demolition of the details of the contract on land expropriation, specification.2009Years3Month, center lawyers had agent Land Management Changsha City Tianxin District of the big town65Households signed the "demolition resettlement compensation agreement" refused to move into housing farmers filed a lawsuit, through the interpretation of government departments and policy regulations on Court Street work in the litigation process, eventually all the relocation household active move, no one forced demolition.

Reflections on three, lawyers as the government legal adviser

1Government legal advisers, prevention is the key.

The government should take the "prevention" as the focus of the government legal work, legal argumentation in the introduction of major decisions, the government administrative behavior and major civil behavior by legal counsel, to provide legal advice and recommendations, the government decision-making and behavior into the orbit of the rule of law to thoroughly change the past "to do", "after Zhuge" the passive situation.

2The lawyer acting as legal counsel for the government, a significant advantage.

Legal Aid Center is the district government set up, the functions of the government departments under the District Justice Bureau, often accept the assignment handle various legal affairs committee, district government and the Bureau of justice, familiar with the administrative procedures. At the same time as government departments with government departments should have the overall concept and confidentiality, the principle of efficiency. The legal aid center of district government lawyers accept instructions agent credentials, Xiangfu road"2006.2.14"The serious traffic accident, as the District Labor Bureau, the District Land Bureau, District Cultural Bureau, District Bureau of justice, District Urban Management Bureau agent68Administrative and civil litigation (have won); and also for the Armed Forces Department, District, district Visits Bureau, Construction Bureau, the District Investment Promotion Bureau, the District Civil Affairs Bureau, District Planning Bureau to provide legal consulting a lot, and revised, reviewed hundreds of contract. Also accepted the District Civil Affairs Bureau, District Planning Bureau, District Bureau for letters and calls, the District Education Bureau invited to act as the legal adviser, to provide strong legal support for the departments of administrative law enforcement district government and administration according to law.

To sum up: the government the role of legal counsel, is law knowledge of the law and its service to the government, standardize government behavior under the framework of the law. The law is the concentrated expression of the interests of the people, if the government can not only illegal to harm the interests of the people, but also damage the authority of the government. The legal adviser of the job is to ensure that government administration smoothly, while maintaining the rights and interests of the government administration according to law, and guarantee the legal interests of the masses is not because of the government administrative behavior by unreasonably. Government legal advisers directly for the purpose of government responsibility, the fundamental purpose is to be responsible for the interests of the people. But the administration according to law, "unified administration" and "law", is to be responsible and accountable for the foundation of the two unified for the interests of the people for the government. District Legal Aid Center to send professional lawyers to actively cooperate with the district Party committee and the district government center, based on the overall situation of the work of the region, play the legal advantages of its own, conscientiously fulfill the duties of legal adviser, good government legal staff, in accordance with the law, administration according to law, the decision on administrative work, the maximum to avoid mistakes in the administrative management of the district government, economic and cultural undertakings, social affairs, provided effective legal safeguard for the realization of economic and social development.